Lloyds overdraft fees, recieved claim form

[Defbase]

Hi there everyone. Have received a claim form (Northampton County Court business centre) regarding overdraft fees from an old Lloyds account I was told was clear - moved abroad after uni to do some charity work. Fees only really rubs salt in the wound.

I am defending the claim but for the life of me I can't work out from the Claim Form what documents Howard Cohen have for me to look through, am thinking about requesting documents using CPR 31.14.

This is what it says :

Particulars of the claim

This claim is for the sum of £1137.76 in respect of monies owing pursuant to an overdraft facility under the bank account no. Xx xx xx xx xx (the number is there)

The debt was legally assigned by MKDP LLP (ex Lloyds banking group) to the claimant and notice has been served. The defendant had failed to repay overdrawn sums owing under the terms and conditions of the bank account.

The claimant claims :
1. The sum of £1137.76
2. Interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from the 10/08/12 to the date hereof 1217 is the sum of £303.52
3. Future interest accuring at the daily rate of £. 25
4. Costs



Help!

Obviously I can't afford to pay the buggers, I still have £15k of student loan that I'm chipping very slowly through let alone a toddler and the usual. Neither do I have any credit, so nothing to mess up there! Lloyds told me to talk to the debt collectors when I found out (ages ago admittedly), by then that debt collector had already sold the debt. Seems a very mucky industry.

Any help gratefully received.

[nemesis45]

Re: Lloyds overdraft fees, recieved claim form

Hi there everyone. Have received a claim form (Northampton County Court business centre) regarding overdraft fees from an old Lloyds account I was told was clear - moved abroad after uni to do some charity work. Fees only really rubs salt in the wound.

I am defending the claim but for the life of me I can't work out from the Claim Form what documents Howard Cohen have for me to look through, am thinking about requesting documents using CPR 31.14.

This is what it says :

Particulars of the claim

This claim is for the sum of £1137.76 in respect of monies owing pursuant to an overdraft facility under the bank account no. Xx xx xx xx xx (the number is there)

The debt was legally assigned by MKDP LLP (ex Lloyds banking group) to the claimant and notice has been served. The defendant had failed to repay overdrawn sums owing under the terms and conditions of the bank account.

The claimant claims :
1. The sum of £1137.76
2. Interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from the 10/08/12 to the date hereof 1217 is the sum of £303.52
3. Future interest accuring at the daily rate of £. 25
4. Costs



Help!

Obviously I can't afford to pay the buggers, I still have £15k of student loan that I'm chipping very slowly through let alone a toddler and the usual. Neither do I have any credit, so nothing to mess up there! Lloyds told me to talk to the debt collectors when I found out (ages ago admittedly), by then that debt collector had already sold the debt. Seems a very mucky industry.

Any help gratefully received.

Hi welcome to LB.

A typical MKDP vague claim again.

It seems the Notice of Assignment is all that can be requested under CPR31.14 BUT, when reading the statement of claim we see " The Terms & Conditions of The Bank Account.

So NOA a T's & C's can be requested.

Did you receive a Demand For Immediate Repayment or a Final Demand from Lloyds?
Is the account showing on your credit reference files? You can check Noddle Free Online.

Have you acknowledged service of the claim Online?
Don't enter any defence at this stage.

nem

[Defbase]

Re: Lloyds overdraft fees, recieved claim form

Hi there, thanks for the reply.

I can't see anything on my credit history linked to Lloyds. MKDP are on there and it looks like I defaulted with them in August 2012... I did not receive any final notice, although I was abroad for a year my parents apparently kept the post.

I am afraid I have already confirmed online that I intend to defend the full claim. The form came a day or so before Christmas and I panicked, logged on and registered 'before it was too late'. Hope I haven't done too much damage..

[Defbase]

Re: Lloyds overdraft fees, recieved claim form

I will get on and ask for the Notice of Assignment and Terms and Conditions and go from there... Here's to a happy and prosperous 2016!

[Defbase]

AHHH! Who are Robinson Way?! Thanks for paying into WHAT account???

Hi again anyone who is reading. Situation so far is above. The only bit I missed out of my original post was that I send off CCA request at the begining of the process along with a £1 postal order (printed by the post office and addressed to Howard Cohen and Co) with the template letter below (a few details removed for privacy).

I did not read the forum well enough (in a panic) so didn't see initially that CCA didn't relate to overdrafts...

The £1 postal order printed out to Howard Cohen and Co did not get returned with the nice letter saying that I wasn't entitled to anything (re: line above). I assumed they had forgotten / banked it for their valuable time and considering it was a day or two from Christmas I was not going to get bent out of shape over a £1 postal order.

Today I recieved I plain brown envelope with a letter in it from 'Robinson Way Debt Collectors' from Salford saying - 'We acknowledge with thanks your payment of £1.00, which was credited to your account on 29-12-15. Your updated outstanding balance is shown above (£1590.28). Please make sure your next payment is made in good time to ensure it is with us by your due date (What next payment? What due date?). So are these the same people as MKLP under a different name? I paid Howard Cohen and Co in Leeds a postage order printed out to them personally, how has this happened?

More importantly, I suppose. Is it legal?

Rather grumpy at the mo... I did say in my first post that this seems to be a rather grubby industry, is there ANY regulation?


Again, thanks in advance!..




The letter (template) I sent with the printed postal order:



Sam



Warwickshire
CV


16^TH December 2015

Howard Cohen And Co
Suite 1B
Joseph’s Well
HANOVER Walk
Leeds
W. Yorks
LS3 1AB



Dear Sir/Madam

Re:− Account Number309611

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,

[Defbase]

Re: AHHH! Who are Robinson Way?! Thanks for paying into WHAT account???

Hi people who have looked at / commented on this. Quick update. I sent a quick letter to Cohen & Co asking for the bits above (re: CPR31.14). Time was getting short, I was worried about missing a deadline that I was unaware of and recieving a default judgement. Anyway, Cohen & Co wrote back the other day to say that they were getting the infomation I had asked for and to treat the letter as a 14 day extension on the proceedings. Something along those lines anyway. My poor blood pressure!

[Defbase]

Re: Lloyds overdraft fees, recieved claim form

Still not heard anything from them since the letter saying that they wanted a 14 day extension.... Anyone have any thoughts? I have feeling I might be talking to myself

[Debtrelief]

Re: Lloyds overdraft fees, recieved claim form

Did you file a defence? If not and the court are not aware of the extension (you had to notify them), they may have obtained a default judgement (from what I understand)

[Defbase]

Re: Lloyds overdraft fees, recieved claim form

I did file a defence online, saying I intended to defend the claim in full. Asked for the particulars from cohen and Co listed on the claim form (terms and conditions of bank account etc...) in order to defend my claim.

That's when I got the letter asking for the 14 day extension. Have heard nothing from the court or Cohen. Would be annoyed if there was a default judgement against me when Cohen couldn't provide me with copies of the information I asked for (and I believe am entitled to) to defend myself...